RAM KALA Vs. DEPUTY DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) The petitioner initially filed interlocutory application (unnumbered) for bringing the legal representatives of Respondents 4 to 7 on the assumption that those respondents were no more. However, when the matter came up before the court on 24-2-1997, time was taken to ascertain the particulars of the legal representatives of the deceased respondents. Later on, it was asserted that only Respondent 5 was dead and the earlier application for bringing on record the legal representatives of Respondents 4 to 7 had been filed on a mistaken impression. The petitioner filed IA No. 5 of 1997 to withdraw the earlier application for substitution of legal representatives. Thereafter, a fresh application, IA No. 2 of 1997, was filed to bring the legal representatives of deceased Respondent 5 on record. IA No. 3 of 1997 was filed for condoning the delay of nearly five years in substituting the legal representatives of Respondent 5 and IA No. 4 of 1997 was filed for an interim injunction restraining the respondents from alienating, selling or transferring in any other manner the suit property.

(2.) It is stated in the application for condoning the delay of five years in bringing the legal representatives of Respondent 5 on record that the said respondent died on 27/11/1992. It is seen from the said application that a Civil Miscellaneous Writ Petition No. 27592 of 1994 was filed in the Allahabad High court. That shows that Respondent 5 was dead even when the petitioner initially filed the civil miscellaneous writ petition in the High court. Likewise, the present special leave petition was also filed against a dead person.

(3.) Mr. Mohanty, learned counsel appearing for the petitioner, brought to our notice Order XVI Rules 8 and 9 of the Supreme court Rules, 1996 and contended that it is open to the petitioner to file this application to bring the legal representatives of the deceased fifth respondent on record in this court even though the fifth respondent had died even before the matter was filed in the High court.